Vidhi Codex

section 46

Disqualification and removal of hereditary trustees

The Odisha Hindu Religious Endowments (Amendment) Act, 2018
Civil201889 sections
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Statutory text
  1. (1) A hereditary trustee of a math shall be disqualified and shall cease to hold his office, if he—
    • (a) is of unsound mind; or
    • (b) is suffering from any physical or mental disease or defect or infirmity which renders him unfit to be a trustee; or
    • (c) has ceased to profess and practise the Hindu religion or the tenets of the math; or
    • (d) is sentenced by a criminal court to transportation or to imprisonment for a period of more than six months for an offence involving moral turpitude, such sentence not having been cancelled or reduced to a period of six months or less or the offence not having been pardoned; or
    • (e) has committed breach of trust in respect of any of the properties of the math; or
    • (f) persistently and wilfully defaults in discharging his duties or functions under this Act or any other law for the time being in force or in making payment of contribution or other dues payable to the Endowment Fund.
  2. (2) The Tribunal may, suo motu, or on receipt of a complaint or allegation in that behalf from the Board or from any person having interest in the institution make an enquiry in the prescribed manner and after giving the concerned trustee a reasonable opportunity of being heard, determine whether or not such trustee is or has become disqualified and declare by an order in that behalf whether the trustee is disqualified temporarily or for his life-time.
  3. (3) Any person aggrieved by the order of the Tribunal under sub-section (2) may, within sixty days from the date of receipt of the order by him, prefer an appeal before the High Court.
  4. (4) Subject to the rules made in that behalf, any trustee so disqualified may be allowed such maintenance as may be fixed by the Board having regard to the financial condition of the institution.
  5. (5) If a trustee is declared disqualified under this section, it shall be the duty of the Board to appoint one or more persons to discharge the functions of the trustee of the institution and in making such appointment the Board shall have due regard to the claims of the next in line of succession and failing this of the disciples of the math:

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